Combs v. Bates

Opinion" of 'the Court by

Judge Núnn —

Reversing.

Appellee, Robert Bates, was elected and served as sheriff of Knott County for the years 1894, 95, 96 and 97. He and appellant, J. W. Combs, one of his deputies, entered into a contract in 1896 whereby Combs agreed to collect' all the taxes in precincts one and five of that county. A list of the taxpayers and the amount each was to pay, was made but and delivered to- Bates and the tax books for these two precincts were delivered to Combs, who was to receive-5 per cent commission for collecting the taxes.

*189Appellee instituted this action in October,…